Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-11-30
THE PUBLIC DOMAIN.
AN INTERESTING SUMMARY OF SECRETARY
LANAR'S REPORT.
The Nations Inhsri!anee-Ths Policy Of Corporation
Land Grans-Ils Unlimited Abuse Under
Republican Ruls-MllliOns Of Acres
Restored TO the People.

Lamar's forthcoming annual report, Is that
which relates TO the adjustments of rail-
road land grants. He has, to-day, receiv-
ed this part of his report from the public
printers, and it reads as follows:
shortly after my appointment to the
position now have the honor to hold, and
as became somewhat familiar with the
public land system, its organization, and
the workings thereof, ! became more
and more impressed with the fact
that the public domain was being diverted
from its legitimate purpose and converted
to objects the inevitable effect of which
were repugnant to the entire theory on
which the land system was based. Apart
from the methods of illegal appropriation
of the public domain, effected through the
perversion of the several laws acquiring
title thereto, became convinced that the
of Congressional grants OF
land to wagon and railroads, had given
rise to enormous abuses. Congress had
not only made grants, which in some in
stances exceeded in extent the area of a
half dozen of the largest and most popu-
lous States of tine Union, but in addition
provided that any losses OF land within
the granted limits should be satisfied
by selections of lands within other and ad-
jOing limits, thus
NEARLY DOUBLING THE AREA
of the original grants. Under these acts
the land department had withdrawn from
public appropriation, not only the granted
limits as required by law, but also the
lands within the indemnity limits with re-
quest OF the guarantee companies. Thus
enormous quantities of the public land
were held in reservation to suit the con-
venience Of the respective corporations in
the construction OF their roads, and the
selection of its lands, and the uncertain
of the grants by the depart
ment.
II do not for a moment mean to ques-
ton the wisdom of aiding in the co1struc-
tiUn of railroads. That policy was at the
time wise one, but in the light of expe-
rience it may well be asked, whether it
would not have been wiser to have aided
these great enterprises otherwise than by
grants of the public domain. Though
much good has been wrought, certain it Is
that the legislation by which these vast
territories passed under the dominion OF
railroad companies, gave an incurable
wound to the homestead scheme, before
that scheme had fair opportunity for dis
playing its benefGent effects.
This land grant legislation was GER
tliuly not in harmony with theory of the
distribution OF the public domain among
the people, aud give up to the capitalists
~ a basis
TRAFFIC AND SPErULATION,
and gigantic financial schemes, what was
by the original policy Of the Government,
designed To be homes for au industrious
and thrifty people the abOdes of domestic
happiness, aud virtue and patriotism. Not
withstandiug these indemnity Withdrawals
were lnaie exclusively for the inter
ests OF the company few of these, if any
of them, constructed their roads within
the time prescribed in the granting act as
an express condition on which the grant
was made. Maps of probable general
designated and definite" routes OF said
road were filed with rapidity in the de-
partment and withdrawals Hereunder
asked aud almost iuvariObly granted, until
the public laud States and territories were
gridironed over with railroad, granted
and indemnity limits; and in many in,
stances the limits of one road Overlapped
aud corllicted with other roads in the
most arbitrary manner, so that the settler
seeking a home could scarcely find desir-
able location that was not claimed by some
one or perhaps two or three of the many
roads, to which grants of land had been
made by Congress. Nor was this all.
Though the desired tract might not be ap'
paIently covered by a railroad location,
the settler would
HARDLY DEFECT II
before agents OF the corporation would sci
mp claim to it, or the right to occupy and
denude it under the right Of way aud con
structiOn privileges conferred by the grant
ing act. Thus the settler, ignorant Of his
legal rights and with no one to advise hin
with respect to the law, would, for ths
sake of peace and home, readily consent
to purchase from the company. In this
way these corporations, in addition 10 tht
lands granted to them, have claimed, sold
and received the price of q great deal o
other land, 20 which they mad neither
legal or moral right, nor the shadow o
either.
The confusion, hardahips and imposi
tiOus praCticed upon the settlers were great
ly increased by the bold scheme of the cor
porate agents where Withdrawals were
made OF lands TO which the legal title o.
the companies had not been attached and
which afterwards remained in the same
condition for years through the failure o.
Congress to make the necessary appropria
tions tor the survey. When, however
through partial surveys or adjustments o
grants, lands thus sold by e company were
found to he outside of the grants, and de
termined by the Department tn be public
lands; the purchaser from the company
found himself in the unfortunate prediCa
ment OF having lost both his land ard his
money. Generally without the means tC
enter into q costly litigation with pow
erful corporation, the
DEPRIVATION OF HIS HOME,
the expenditure aud waste of his years. bis
energy and strength in redeeming that home
from its wild condition, rendered his mere
technical right of action against the com
pany but little more than mOckery.
"Years have elapsed since many OF the
grants have been made, and other years
since the Withdrawals Some Of the com,
panies have constructed the entire line Ot
their roads, others iIagmentary portions
only, and others again none at all, but the
Withdrawals OF the lands were nc
less effective rs a barrier
against the settlers Id the one
case than in the other. Ii mattered moi
what might be his equities, acquired by
years of toll, upon what he believed to be 8
part of the national domain. 1t was de-
clared by the highest judicial tribunal, as
explained by the highest law officers of the
executive thata withdrawal once made by
competent authority was legal and etfec'
tive 70 exclude all from within it's limits.
Zone such case where hardship and in.
Justice were about to be inflicted under